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michael holly
michael holly, Solicitor
Category: Employment Law
Satisfied Customers: 6959
Experience:  Over 20 years experience of dealing with employment law matters and qualified mediator
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I am self-employed but work Monday to Friday, 7:30 till 5:00,

Customer Question

I am self-employed but work Monday to Friday, 7:30 till 5:00, for the same department on an agricultural estate. I therefore believe I am classed as an employee. For the last week I have been told not to turn in because of the weather, am I entitled to any pay?
Submitted: 4 years ago.
Category: Employment Law
Expert:  michael holly replied 4 years ago.

The fact that you work regular hours for the same department does not automatically make you an employee.How long have you worked there?

Yours sincerely

Customer: replied 4 years ago.

Been self employed for 25 years.


current work 21 months.

Expert:  michael holly replied 4 years ago.

You would only become employed if you have been employed there for more than 4 years when you automatically become an employee.

As such you would only be entitled to payment if the contract you have between you and the estate stipulates that you will be paid if bad weather prevents you from working.

You might be able to get them to give you some money since they must appreciate that you have liabilities to meet but they are not legally obliged to pay you unless the contract says so.

I appreciate that this is not what you wanted to read but an honest opinion is the only one worth having

Best wishes

Yours sincerely

michael holly and other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

thank you

Expert:  michael holly replied 4 years ago.

My pleasure

Yours sincerely

Michael